Bhikhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65843 of 2019 Arising Out of PS. Case No.-35 Year-2018 Thana- NADI NAINAHA District- West Champaran ====================================================== BHIKHARI YADAV Son of Sri Prahlad Yadav Resident of Village - Malopurwa, P.S.- Bagaha, Distt.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2019 Heard both sides.

The petitioner apprehends his arrest in Nadi P.S. Case No.35 of 2018 registered under Sections 420, 467, 468 and 34 of the Indian Penal Code and under section 30(a) of the Bihar Prohibition and Excise Act.

The informant got information that some persons were taking liquor on a boat. On such, a raid was conducted but many persons started fleeing away. On chase, Navin Kumar was apprehended and he disclosed the names of seven persons. Learned counsel for the petitioner submits that a huge quantity of liquor was recovered from the boat. One Ajay Sah whose name was disclosed by Navin Kumar and he is said to have disclosed the name of petitioner but nothing has been

Patna High Court CR. MISC. No.65843 of 2019(2) dt.21-10-2019 2/2 recovered from conscious possession of the petitioner. Nobody has seen the petitioner fleeing away from the place of occurrence.

Having considered the facts that the name of petitioner surfaced in the case on the basis of confessional statement of a person, whose name had surfaced in the case in the statement of Navin Kumar, who was apprehended on the spot but nothing has been recovered from possession of the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah in connection with Nadi P.S. Case No.35 of 2018 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T